§ 31-43. Notice and hearing – In general.

(a) Notice to owner and secured party.

(1) Within 2 full working days after the vehicle has been removed to the auto pound, the Director of Transportation must post notice to the owner of the vehicle and, within 7 full working days, must post notice to the secured party by certified mail, return receipt requested, of the following:

(i) that the Director has the vehicle in custody;

(ii) the storage location of the vehicle;

(iii) that the vehicle will be sold at public auction to the highest bidder unless claimed by the owner within 11 working days after receipt of the notice; and

(iv) that the owner of a vehicle impounded as an "abandoned vehicle" or as an "unidentifiable vehicle" may contest the validity of the taking by application, on a form prescribed by the Director of Transportation, to a hearing officer within 10 days from the date of such application.

(2) Application forms shall be sent to the owner and shall be made part of the notice letter.

(b) Mayor to appoint hearing officer.

The Mayor shall appoint a hearing officer, who shall not be a member of any state or local police department, to hear applications to determine whether or not the vehicle was abandoned and, therefore, subject to impoundment under the Baltimore City Code.

Subject to Title 4 {"Administrative Procedure Act – Regulations"} of the City General Provisions Article, the Director of the Transportation shall establish by regulation the procedures for holding these hearings.

(d) Decision.

(1) If it is determined that the vehicle was unlawfully impounded, the owner of the vehicle shall not be liable for any charge imposed for the towing and storage of the vehicle.

(2) The hearing officer's ruling in no way has any bearing on the fine, penalty or charge imposed by the District Court of Baltimore City for the violations of any traffic law.

(Text Conformed 02/28/21; Ord. 18-195; Ord. 15-435; Ord. 90-516; Ord. 89-307; Ord. 86-793; Ord. 86-769; Ord. 85-388; Ord. 80-150; Ord. 69-343.)

Prior Codifications

City Code, 1976/83, art. 31, §96(a)

Cross References

Article 19, § 7-3(b)(2)

Editor's Notes

By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.